Albert M. Travis Co. v. Atlantic Coast Line Railroad

In this case plaintiff in error sued the defendant in error, filing a declaration in two counts. The first count alleges damages by reason of breach of contract and the second count alleges damages by reason of tort. The defendant filed a plea to each count severally "that it is not guilty". The plea was sworn to as is required. The plaintiff filed praecipe for default to be entered by the Clerk for failure to plead to the first count of the declaration. The Clerk entered the default on the 4th day of December, 1922. On the 5th day of March, 1923, the defendant filed a motion praying an order…